| IN THE MATTER OF LEROY JOHNSON V JOHN B. LEMPKE, SUPERINTENDENT, WENDE CORRECTIONAL FACILITY |
| Motion No: 1041-16 |
| Slip Opinion No: 2017 NY Slip Op 63757(U) |
| Decided on February 3, 2017 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
PRESENT: CARNI, J.P., DEJOSEPH, NEMOYER, TROUTMAN, ANF SCUDDER, JJ.
MOTION NO. 1041-16
DOCKET NO. TP 16-00140
| IN THE MATTER OF LEROY JOHNSON, PETITIONER, V JOHN B. LEMPKE,
SUPERINTENDENT, WENDE CORRECTIONAL FACILITY, RESPONDENT. |
Petitioner having moved for reargument (denominated "renew") of the order of this Court entered November 18, 2016,
Now, upon reading and filing the affidavit of Leroy Johnson sworn to December 13, 2016, the notice of motion with proof of service thereof, and the affirmation of Marcus J. Mastracco, Esq., dated January 9, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Entered: February 3, 2017
Frances E. Cafarell, Clerk